BALBIR SHARMA Vs. ROSHAN LAL

JUDGEMENT

(1.) THIS is tenant's revision petition against whom eviction order has been passed by both the authorities below.

(2.) THE landlord Roshan Lal sought the ejectment of his tenant Gopal Dass from the Taur (rented land) in dispute, inter alia on the ground that it has been sublet by the tenant Gopal Dass to Balbir Sharma, respondent No. 5. According to the landlord his father Kharati Ram was the owner of the Taur in dispute and it was given on lease on 21.12.1963 on a monthly rent of Rs. 24 toGopal Dass. Rent note dated 21.12.1963 was executed in this behalf by Gopal Dass. The ejectment was sought inter alia on the ground that Gopal Dass was no more in occupation of the premises in dispute as he had sublet the same to Balbir Sharma without any written consent of the landlord.

(3.) THE learned Rent Controller came to the conclusion that it was not at all proved if the father of Balbir Sharma i.e. Ishar Dass was inducted as a tenant by Kharaiti Ram father of the landlord as alleged in the written reply. Thus, the relationship of landlord and tenant between Roshan Lal and Balbir Sharma was not proved. It was further found that the premises were let out to Gopal Dass vide rent note Ex. A.2 and since now the premises were in occupation of Balbir Sharma, he was liable to be evicted, as he had failed to prove his tenancy. Consequently, the eviction order was passed. In appeal, the learned Appellate Court affirmed the said findings of the Rent Controller and thus, maintained the eviction order. Dissatisfied with the same, the tenant has filed this petition in this Court.